SSDI Vs. Veteran Disability: All The Facts

February 24, 2024

By Steve Fields
Principal Attorney

The Social Security Disability Insurance (SSDI) program and the Veterans Affairs (VA) Disability Program are both government-funded programs that may seem similar at first, but there are major differences between the two. 

The SSDI program is managed by the Social Security Administration whereas the VA disability program is managed by the Department of Veteran Affairs. Both programs have distinct eligibility requirements and consider different factors when determining the benefit amount for each of their beneficiaries.

This article discusses in detail the differences between SSDI and VA disability benefits.

SSDI vs. Veteran Disability

The main difference between SSDI benefits and veteran disability benefits is that veteran disability benefits are not conditional on total disability. 

The majority of veterans who are eligible for benefits do not have a total disability rating. The VA disability program will provide monthly payments to veterans who have demonstrated that their disability is service-related, even if they only have a disability rating of 10%. 

This is in sharp contrast to how the SSDI program works. To be eligible for SSDI benefits, an applicant must demonstrate that they are totally disabled according to the SSA’s definition of disability. The term “total disability” refers to a condition that is both severe and long-lasting. 

In other words, your disability must prevent you or be expected to prevent you from working for a minimum of twelve months or result in your death. 

In the past, there was a “treating physician rule” that prioritized SSDI determinations above VA benefit determinations. 

The judgment of a treating physician used to have the most weight in SSDI cases, but this is no longer the case. All relevant documents are now considered equally as of March 27, 2017, leading to more equitable determinations from both agencies.

Here is a further detailed comparison between the two programs.

Eligibility Criteria 

You can be eligible for disability benefits from the VA if you had an injury or mental illness during your service or if your condition worsened as a result of your military service. 

The Social Security Administration, on the other hand, evaluates your work history when determining eligibility for SSDI rather than the circumstances surrounding your disability.  

To qualify for SSDI benefits, you must have worked for a specified amount of time in “covered” employment, which refers to jobs or self-employment through which you paid Social Security taxes. 

The Social Security Administration takes an “all-or-nothing” approach when evaluating disability. In contrast, the VA assigns a percentage rating to disabilities according to the severity with which it believes a condition impacts a person’s health and capacity to perform everyday tasks. 

The agency assigns different percentages to a variety of injuries, such as which fingers were amputated or how much of a limb was amputated due to an injury. If you have incurred more than one disability as a result of your service, the VA will use a complex formula to combine numerous disabilities into a single rating. 

You may be assigned a disability rating of 100% as a result of multiple conditions, even if none of them are completely disabling on their own. You can also receive a total rating of 100, which is not permanent, if the VA believes that your condition will eventually improve in the future. 

There are a wide range of medical conditions that could be eligible for benefits; nevertheless, the following are some examples of conditions that are often connected with military service: 

  • Post-traumatic stress disorder
  • Quadriplegia
  • Traumatic brain injury 
  • Amputations
  • Loss of hearing
  • Loss of vision
  • Severe burns
  • Respiratory damage

There are also a number of disabilities that are officially presumed to be service related by the Department of Veterans Affairs, including conditions developed by former prisoners of war, undiagnosed illnesses, and medically unexplained chronic multi-symptom illnesses experienced by veterans of the Gulf War. 

Benefit Amount

The amount of your monthly VA benefits is determined by the rating that the Department of Veterans Affairs assigns to your medical condition. 

The rating system follows a grading scale from 10% to 100%. As of the year 2024, the monthly payments for a veteran who does not have a spouse or children might range anywhere from $524.64 for a rating of 30 percent to $3,737.85 for a rating of 100 percent. 

When calculating your benefit amount, the VA typically uses your rating; however, there is a significant exception to this rule. If you don’t have a total disability rating but are unable to maintain consistent work due to your service-connected condition, you may be eligible for the VA’s Individual Unemployability benefit. This way, you will be able to receive the same benefit amount that you would have had you received a total disability rating.

When it comes to SSDI, there is no ranking system for benefits. SSDI benefits vary from person to person due to different levels of income. Your SSDI payment is calculated based on your lifetime average earnings from work. 

When it comes to SSDI, there is no ranking system for disability. You either have a disability that prevents you from retaining employment or you do not have a disability at all. 

If you are eligible for SSDI benefits, the Social Security Administration will determine your benefit amount based on your specific earnings record. In 2023, the average SSDI payment was $1,489 per month. 

Application Duration 

Applying for disability benefits from the Department of Veterans Affairs is not nearly as time-consuming and complicated as an application for disability benefits from SSA. Those who apply for SSDI benefits may have to go through various processes that may take up to two years.  

The applicant must file the initial application, which generally has a 30% approval rate. 70% of applicants who are unsuccessful at this stage have the option of either submitting a new claim or proceeding to the next step, which is known as reconsideration. 

If the applicant’s request for reconsideration is denied, they have the option to request a hearing in front of an Administrative Law Judge. This stage typically involves having to attend a court hearing with a presiding ALJ who considers all of the evidence in your case and makes a determination.

Should the ALJ rule against the applicant’s claim, the next step is to appeal to the Appeals Council. In case the Appeal Council upholds the ALJ’s decision, you can then appeal your case to the Federal District Court. 

As you can see, this is a particularly time-consuming process. 

The VA disability process, on the other hand, consists of a mere two stages. 

As a first step, the claimant must provide evidence that they served in the military and were discharged honorably. The second part of the process is to demonstrate that your medical conditions are directly related to your military service. 

In VA disability cases, if it cannot be conclusively demonstrated that a veteran’s condition is directly caused by their military service, the veteran will still be given the benefit of the doubt. Veterans Affairs also follows a “presumptive conditions” policy, which assumes specific medical issues suffered by veterans are directly tied to their time spent in the military.

Once it has been demonstrated that the veteran’s medical condition is a direct result of their service, the condition’s severity, and its impact on the veteran’s capacity to work are then graded on a scale from 10% to 100%.

Waiting Period

There is a significant waiting period for both SSDI and VA disability benefits before the benefits start. Those applying for Social Security Disability Insurance generally could wait anywhere from a few months to over a year for a decision regarding their benefits.

VA disability applicants may have to wait a few months to two or three years for a decision because the VA is more flexible when it comes to providing medical documents. 

Fortunately, there are ways to expedite claims in both cases. 

The claims of veterans who were prisoners of war, who endured sexual trauma in the military, or who suffered from post-traumatic stress disorder are immediately expedited. Additionally, SSDI claims are automatically expedited for applicants who were active-duty military personnel on or after October 1, 2001. 

Medical Evaluation

The SSA evaluates whether your medical conditions are included in the list of impairments called the Blue Book. To match a listing, your medical conditions must satisfy extremely specific criteria outlined in the Blue Book. 

In case you do not fulfill the criteria outlined in the Blue Book, Social Security will take into consideration your residual functional capacity, also known as RFC. An RFC encompasses both physical and mental limitations. 

When evaluating your RFC, the SSA takes into consideration all of the medical evidence you have provided. 

They may also take your doctor’s opinions into account. In addition, Social Security may request that you attend an appointment with one of their physicians. The Social Security Administration schedules these exams in cases where they require further information about the applicant’s medical condition.

Veterans undergo a medical evaluation overseen by the VA. 

In order to determine whether a veteran is disabled, the VA employs medical professionals from the military and other relevant fields. Similar to Social Security Disability Insurance, the Department of Veterans Affairs may also request that you attend an appointment for a claim examination, often known as a C&P exam. 

The results of the exam will be used by the VA to determine your disability rating.  

Can You Receive SSDI and VA Disability at the Same Time?

Yes, it is possible for a veteran to receive benefits from the VA and SSDI programs at the same time. If you are already receiving SSDI, you will also likely qualify for VA disability. 

In fact, you’ll most likely be assigned a high disability rating. This is because if you are eligible for SSDI, you most likely have a disability that severely limits your ability to engage in activities and that qualifies you for a higher rate of compensation. 

What if, however, you are currently receiving disability benefits from the VA and would like to apply for SSDI as well? 

While your VA benefits can be helpful when applying for SSDI, you will still have to demonstrate to the Social Security Administration that your condition prevents you from working. Receiving VA benefits does not mean you will automatically receive SSDI benefits.  Fortunately, the medical documentation you provided to the VA can also facilitate the SSDI application process. 

Is VA Disability Considered Income?

When you go through the process of applying for SSDI, you will come across something that is referred to as SGA, or substantial gainful activity

This is the limit that the Social Security Administration has set for how much money you can earn from employment in a month without losing your eligibility for benefits. In 2024, this limit is set at $1,550 per month. The limit could also change yearly so be sure to check SSA.  Fortunately, your VA benefits do not count toward your SGA. 

Can Veterans Receive SSDI Faster?

Certain veterans and service members can qualify for expedited processing of their Social Security Disability Insurance claims. Veterans and active-duty service members who fall under one of the following categories are eligible for this expedited processing: 

Wounded Warrior

You were a member of the military and became disabled while you were in active service on or after October 1, 2001. The condition need not be related to combat; however, it must have occurred during the time that the individual was actively serving in the military. 

100% Total Disability Rating

“Permanent and total” (P&T) is often used as a single phrase; veterans can have a total disability that’s temporary or a permanent disability rated less than 100 percent. However, to receive a P&T disability rating, you must be both permanently and totally disabled. 

If the VA has assigned you a total disability rating of 100%, a separate request for expedited processing is not necessary. The Social Security Administration claims that it automatically identifies the majority of claims submitted by veterans with a 100% P&T disability rating or claims from wounded warriors. It does so by electronically sharing documents with the Department of Veterans Affairs and the Department of Defense. 

Conclusion 

Keeping in view the above differences between the SSDI and the VA disability programs, it is important for applicants to make sure that they submit the right documentation when applying for either program. 

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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